National Labor Relations Board v. Local 294, International Brotherhood of Teamsters’s Empirical Analysis
470 F.2d 57 · 1972
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 16 later decisions — most recently June 1991
13 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 157 (§ 7 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 29 U.S.C. § 411
Relies on Phelps Dodge Corporation v. National Labor Relations Board · Fibreboard Paper Products Corp. v. National Labor Relations Board · National Labor Relations Board v. Brown · Virginia Electric & Power Co. v. National Labor Relations Board · National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of America
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There remains only the question whether the evidence in the union disciplinary proceeding was sufficient to support the finding of guilt. Section 101(a)(5)(C) of the LMRDA guarantees union members a 'full and fair' disciplinary hearing, and the parties and the lower federal courts are in full agreement that this guarantee requires the charging party to provide some evidence at the disciplinary hearing to support the charges made. This is the proper standard for judicial review. We have repeatedly held that conviction on charges unsupported by any evidence is a denial of due process (citations omitted) and we feel that § 101(a)(5)(C) may fairly be said to import a similar requirement into union disciplinary proceedings.”
1 later decision quote this exact passage · from the majority“The clear import of the language cited is not that 'some evidence' to support the charge will preclude Board or judicial review, but rather, that unless some evidence is presented by the charging party against the accused member the Union will be held to have violated the due process requirement implicit in Section 101(a)(5)(C) of the Act.”
1 later decision quote this exact passage · from the majority“'give effect to the public policy as defined by Congress, viz: the prevention of unfair labor practices which by causing and increasing industrial strife, obstruct the free flow of interstate commerce'”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.